Proportionality balancing and global constitutionalism alec stone sweet and jud mathews forthcoming in 47 columbia journal of transnational law fall 2008 introduction over the past fifty years, proportionality analysis pa has widely diffused. Find, read and cite all the research you need on researchgate. Pdf on mar 1, 2014, mattias kumm and others published how large is the world of global constitutionalism. Mattias kumm juian rivers deserves credit not only for a text which does full justice to alexys renowned lucidity, but also for an introduction which argues persuasively for the relevance of alexys. Abstract today, arguably, investorstate arbitration has become the most controversial form of international litigation. To send content items to your account, please confirm that you agree to abide by our usage policies. Has the globalization of public law, that claims to be guided by basic commitments to human rights, democracy and the rule of law, helped to. He also holds a research professorship on rule of law in the age of globalization and is managing head of the center for global constitutionalism at the wzb berlin social science research center and professor of law at humboldt university. Pdf european constitutionalism cambridge studies in. Proportionality balancing and global constitutionalism alec stone sweet yale law school jud mathews. What do you have in virtue of having a constitutional. New york university public law and legal theory working. Robert alexy born september 9, 1945 in oldenburg, germany is a jurist and a legal philosopher. The structure of constitutional pluralism 493 and national legal orders, scholars typically identify, as the basic scaffolding of a constitution, jus cogens norms, other substantive fundamental rights, standards of procedural due process, and access to justice.
A theory of constitutional rights alexy, robert on. How large is the world of global constitutionalism. The purpose of this report is to analyse the consequences that the judicial decisions of the european court of justice ecj have on the european. The idea of socratic contestation and the right to justification. Williamson 2003 national lawyers convention international law and american sovereignty. August 15, 1967 in bremen, germany is inge rennert professor of law at new york university school of law, as well as holding a research professorship on globalization and the rule of law at the social science research center wissenschaftszentrum berlin fur sozialforschung, wzb and humboldt university in berlin. On the past and future of european constitutional scholarship. Pdf how large is the world of global constitutionalism.
The free viewer acrobat reader for pdf file is available at the adobe systems. Suami, takao, mattias kumm, anne peters, and dimitri vanoverbeke, eds. A conceptual framework rob howse forthcoming in international law and litigation helene ruizfabri, ed. Democracy and legitimacy in investorstate arbitration. Federico fabbrini, george gerapetritis, annamaria konsta, george karavokyris, mattias kumm, jeanvictor louis, miguel poiares maduro, antonis manitakis, ana maria guerra martins, lina papadopoulou, ingolf pernice. In julian nidarumelin, detlef daniels, nicole wloka eds. After that, there was an open discussion with the other participants of the symposium. Critical constitutionalism and the cosmopolitan state.
Cosmopolitan legitimacy in constitutional democracy. Pdf the idea of socratic contestation and the right to. Introduction what do you have in virtue of having a right. Political, fiscal and banking union in the eurozone 1009. European constitutionalism cambridge studies in european law and poli. Kumm is a normativist of neodworkinian, 4 postpositivist persuasion, and one who also holds that constitutional authority should reach beyond the state to embrace a broader conception of transnational justice. Global constitutionalism from european and east asian perspectives. Despite superficial appearances to the contrary, constitutional law, like international law, lacks a centralized legislature to specify and update legal norms, and although constitutional courts. But some worry that the proportionality test provides a misguided and dangerous invitation to balance away human dignity. What do you have in virtue of having a constitutional right. Download pdf european constitutionalism cambridge studies in european law and policy book full free. Clauses that are free from balancing can serve a useful function as rules of thumb, but their justification depends on an underlying balance of interests. The position developed by mattias kumm in this journal and in other recent writings 3 bucks the trend. Mattias kumm is the inge rennert professor of law at the new york university law school.
Balancing and the structure of constitutional rights. These comprise the rule of law, separation of powerschecks and balances, protection of human rights, democracy, and solidarity. Mar 01, 2006 read the jurisprudence of constitutional conflict. If this is the first time you use this feature, you will be asked to authorise cambridge core to connect with your account. Gegenwartige herausforderungen des globalen konstitutionalismus.
Global constitutionalism is a scholarly discourse which diagnoses andor reclaims that the norms and institutions of global governance follow and respect principles of constitutionalism. Download european union constitutionalism in crisis ebook pdf or read online books in pdf, epub. I would also like to extend my thanks to arthur applbaum, alex aleinikoff, chris armstrong, irene bloemraad, benjamin boudou, hauke brunkhorst, cathryn costello, derek denman, richard fallon, matthew gibney, tom ginsburg, ali. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. This article questions whether these apparent differences between international and constitutional law really run as deep as is commonly supposed. The end of the west and the future of global constitutionalism volume 6 issue 1 mattias kumm, jonathan havercroft, jeffrey dunoff, antje wiener. It is today an overarching principle of constitutional adjudication, the preferred procedure for. Are rights trumps over competing considerations of policy. On the place and limits of the proportionality requirement, in l aw, r ights, d iscourse. As mattias kumm was able to join the symposium only in its second part, we started by asking the other three speakers to formulate questions that his work brought up according to them. I would also like to thank janwerner muller for his contribution to the process as well. Does international law suffer from a legitimacy crisis. Robert alexy born september 9, 1945 in oldenburg, germany is a jurist and a legal philosopher alexy studied law and philosophy at the university of gottingen. In his three 2009 holmes lectures published here, professor waldron seeks to describe and defend laws forbidding group defamation what we commonly refer to as hate speech as affirming the basic dignity of each member of society.
Treaty interpretation and constitutional transformation. Protecting member state autonomy in the european union. In january 2016, the canadian infrastructure company transcanada corporation filed a notice of intent to sue the united states government in a north american free trade agreement nafta chapter 11 arbitration over the keystone xl pipeline. Kumm, mattias, what do you have in virtue of having a constitutional right. A constitutionalist framework of analysis mattias kumm abstract does international law suffer from a legitimacy crisis. A preliminary inquiry 117 mitu gulati 11 political, fiscal and banking union in the eurozone 9 edmond alphandery 12 the eurozone crisis, institutional change.
Mattias kumm new york university, ny nyu school of law. Most policy tweaks that have been suggested assume this neoliberal principle, even while trying to soften its harder edges. Kumm, mattias, constitutional democracy encounters international law. Kumm, mattias, constitutionalism and the cosmopolitan state 20. This article is brought to you for free and open access by the yale law school faculty scholarship at yale law school legal scholarship repository. Mattias kumm, political liberalism and the structures of rights. Difference and democracy by kolja raube overdrive rakuten. Iilj working paper 20171 megareg series international investment law and arbitration. These comprise the rule of law, separation of powerschecks and balances. New york university public law and legal theory working papers. The proportionality test is at the heart of much of contemporary human and constitutional rights adjudication.
Some supplementations to mattias kumm, european law journal on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at your fingertips. Mattias kumm, doug laycock, jonathan pratter, steve ratner, larry. He received his phd in 1976 with the dissertation a theory of legal argumentation, and he achieved his habilitation in 1984 with a theory of constitutional rights. Mattias kumm, rae langton, charles lawrence, anthony lewis, catherine mackinnon, john manning, jane.
At the center of this dispute is the state departments refusal to permit the construction of an oil pipeline between canada and nebraska. First, i claim that although some criticism can be resisted by kumm, under closer methodological scrutiny there are aws in his theory. This article is brought to you for free and open access by the new york university school of law at nellco legal scholarship repository. On the structure and domain of constitutional justice. Congress july 2005, its astonishing to realize how very few of them bother to explain the legal foundation for the agreement. On the structure and domain of human rights practice mattias kumm1 there are three puzzling structural features of global human rights adjudication2 that have fostered scepticism about its philosophical respectability. Confronts global constitutionalism which has been developed in europe and which is perceived to be eurocentric with an east asian critique. After wading through all the publications and websites representing both support and opposition for the central american free trade agreement caftaapproved by the u.
Mattias kumm, jonathan nash, stefan oeter, friedl weiss and neil walker for their comments and advice at various stages in the preparation of this piece. After that, there was an open discussion with the other participants of. Finally, i am very lucky to have benefitted from the. For full access to this pdf, sign in to an existing account, or purchase an annual subscription. Takao suami waseda university law school, dimitri vanoverbeke katholieke universiteit leuven, and mattias kumm wissenschaftszentrum berlinwzb in the context of the project the eujapan relationship in the context of an ongoing powershift in the global society. Constitutional democracy encounters international law. Free er trade will make every state better off, we explain and are told. The relationship between global constitutionalism and critical theory is the subject of a workshop organized by mattias kumm, rainer forst and seyla benhabib on december 11th, 10 a. International law today is no longer adequately described or assessed as the law of a narrowly circumscribed domain of foreign affairs. International constitutional law international law. Proportionality balancing and global constitutionalism.
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